BOARD OF HEALTH
MINUTES
23 SEPTEMBER 2014
JOINT MEETING WITH BOARD OF SELECTMEN
CALL TO ORDER BY RUSSELL L. WELLS, SR.
PRESENT BOARD OF HEALTH MEMBERS:
William T. Walsh, Chairman, Kevin
J. Ryan, Vice Chairman, Peter C. Ryan, Sr. and Colleen M. Strapponi, Secretary.
PRESENT BOARD OF SELECTMEN MEMBERS:
Russell L. Wells, Sr.,
Chairman, Ryan S. Chamberland, Vice Chairman, Michael A. Catalano, Jr, Clerk,
Margaret Bik, Member and Robert J. Dubois, Member.
ALSO PRESENT: Daniel M. Keyes, Town Administrator and Patrick J. Costello,
Esquire.
Mr. Wells states that this is a joint meeting of the Board of Selectmen and Board of
Health to advise the public of the actions of the Town of Blackstone to date. Mr. Wells
states that he will turn the meeting over to the Board of Health. When the Board of
Health has completed the update they will recess for ten minutes and continue with the
Board of Selectmen’s meeting.
Mr. Wells defers to Mr. Walsh. Mr. Walsh reads the following written statement,
attached hereto and made a part hereof,
“9-23-14 STATEMENT OF BLACKSTONE BOARD OF HEALTH CHAIRMAN,
WILLIAM WALSH RE: 23 ST. PAUL STREET
Given the lack of responsiveness by the property owner to the dire circumstances
discovered at the subject property, the Board of Health has, to date, at the expense of the
Town, undertaken substantial nuisance remediation and abatement activities in an effort
to secure the subject property and to prevent any impacts to the neighboring properties
and the community at large from the obvious sources of filth and sickness discovered
inside the house. It is imperative to note that this cleanup process had to be, and was,
conducted in conjunction with an ongoing criminal investigation undertaken by the
Worcester County District Attorney’s Office and other State agencies. The Board of
Health and other Town agencies have cooperated fully with these ongoing investigations.
As a result of these efforts, all waste, debris and removable personal property
located within the house at 23 St. Paul Street has been removed from the site and properly
disposed of. Based upon the recommendation of our waste removal contactor, in addition
to multiple items of personal property located within the house certain sections of floors
and walls and other improvements to the structure were also deemed to be so badly
damaged and contaminated by waste that they also had to be removed from the structure.
Based on my personal observations and inspections of the house upon completion of
these initial cleanup activities, I can say unequivocally that a strong offensive odor
remains within the structure, which, in my opinion, may never be fully eliminated and
raises concern relative to the continued presence of contaminants or other potential
causes of sickness within the house. Short of removing all subfloors, walls and ceilings
in this house, right down to the studs, it may be impossible to rehabilitate this house to
the extent that it would be rendered suitable for human habitation again. The property
is currently, for all intents and purposes, abandoned; with little, if any, indication from its
owner that she intends to suitably rehabilitate the house. The continued presence of this
structure, with its history and its current substantial state of disrepair, leaves an immense
scar on the psyche of the immediate neighborhood, as well as the community of
Blackstone as a whole. While the costs to physically restore this house to a habitable
condition will be extensive, I am not sure that any expenditure of funds or investment of
labor could ever truly restore this structure to a useful and productive state.
As noted previously, the Board of Health has a duty to abate and eliminate
nuisances within the Town of Blackstone. Generally speaking, a public nuisance is an
unreasonable interference with the exercise of a public right or the creation of a condition
which causes a common injury. The creation of a nuisance must be intentional and
unreasonable or result from conduct which is negligent, reckless or ultra-hazardous.
Clearly, property conditions which interfere with the public health, safety, peace, comfort
or public convenience would constitute a nuisance under Massachusetts law. To the
extent that the impacts from the conditions at 23 St. Paul Street extend beyond the
boundaries of that property to negatively affect neighboring properties or members of the
public, whether or not they are on the subject property, said conditions may be removed
in the manner deemed most appropriate by the Board of Health if the property owner fails
to undertake such measures after being ordered to do so.
In a broader sense, a nuisance can be defined as a condition or use of a property
that interferes with its neighbors’ use or enjoyment of their property, endangers life,
health or safety or is offensive to others. Abandoned properties are frequently the subject
of anti-nuisance laws and regulations. While it is clearly most advantageous from the
Town’s perspective for the property owner to correct or abate nuisance conditions, where
circumstances indicate that such owner-initiated abatement activity is unlikely to occur, it
falls to the Board of Health to address the situation. Based on the information available
to the Board at this time, I see no indication that the owner of the subject property, Ms.
Rivera, has any intention to undertake the necessary rehabilitation measures required to
restore this house to a habitable condition. Further, given the value of the structure in its
current condition and the substantial sum of money that will have to be spent to restore
the house to a habitable and usable condition, the incentive for the property owner to
invest such funds in the house is likely negligible. Accordingly, this building will, in all
likelihood, remain vacant, abandoned, subject to fire or other casualty events, and a target
for trespassers, including young children. As such, the house will remain a significant
threat to the public health, safety and welfare. I believe that the negative safety, visual
and potential health impacts to the immediate neighborhood, not to mention the
emotional and psychological impacts, which the existing house would create for
neighbors and passersby are substantial.
Accordingly, in consideration of the
circumstances existing as of my most recent inspection of the house on September 22,
2014, and those established for the Board of Health here this evening, I believe that the
existing house on the subject property does constitute an ongoing public nuisance and a
cause for continued concerns relative to potential sickness and harm among members of
the community at large. The relative costs of restoring the existing house to a code
compliant and habitable condition, compared to the cost of razing the remnants of the
existing structure and building a new house on the site would likely persuade a property
owner to build a new house on the site rather than rehabilitate the existing structure. In
the interest of preserving the public health, safety and welfare of the citizens of
Blackstone as well as the public safety and utility employees who would be required to
address any issues relating to an abandoned structure on the property, I believe that
demolishing the subject house and filling its foundation hole to grade level would be the
most prudent, expeditious and reasonable nuisance abatement action at this juncture.
Mr. Walsh reads the 28 August 2014, Incident Report, attached hereto and made a part
hereof;
INCIDENT REPORT
INSPECTIONAL SERVICES/BOARD OF HEALTH
INCIDENT REPORT NUMBER: 14.19
DATE:
08.28.14
ARRIVAL TIME:
4:48 P.M.
RESPONDING PERSONNEL:
WILLIAM T. WALSH, CHAIRMAN
BOARD OF HEALTH/CODE ENFORCEMENT OFFICER
ADDRESS: 23 ST. PAUL STREET, BLACKSTONE, MA
TYPE OF INCIDENT:
REFUSE/DEBRIS
DESCRIPTION OF INCIDENT:
THIS INVESTIGATION WAS PERFORMED AFTER THE BLACKSTONE
POLICE DEPARTMENT REQUESTED MR. WALSH ON SCENE. UPON
ARRIVAL MR. WALSH WAS ADVISED BY THE POLICE OFFICER THAT
THERE WERE MINOR CHILDREN IN THE HOME LEFT ALONE FOR
SEVERAL HOURS AND THAT THE DIVISION OF SOCIAL SERVICES HAS
BEEN CONTACTED. MR. WALSH WAS ALSO ADVISED THAT THERE ARE
ANIMALS ON THE PROPERTY. ANIMAL CONTROL WAS NOTIFIED.
MR. WALSH ENTERED THE PROPERTY AND FOUND THE INTERIOR OF
THE PROPERTY UNSAFE FOR HUMAN HABITATION. MR. WALSH
CONDEMED THE PROPERTY AND POSTED A NOTICE ON THE OUTSIDE
DOOR.
AGENCY NOTIFICATION:
CLEARED SITE:
CC:
N/A
6:01 P.M.
TOWN ADMINISTRATOR
BOARD OF SELECTMEN
POLICE DEPARTMENT
FIRE DEPARTMENT
ANIMAL CONTROL
Mr. Walsh reads the 23 September 2014 Incident Report, attached hereto and made a part
hereof;
INCIDENT REPORT
INSPECTIONAL SERVICES/BOARD OF HEALTH
INCIDENT REPORT NUMBER: 14.19
DATE:
09.11.14
ARRIVAL TIME:
12:30 P.M.
RESPONDING PERSONNEL:
WILLIAM T. WALSH, CHAIRMAN
BOARD OF HEALTH/CODE ENFORCEMENT OFFICER
ADDRESS: 23 ST. PAUL STREET, BLACKSTONE, MA
TYPE OF INCIDENT:
CONDEMED PROPERTY
DESCRIPTION OF INCIDENT:
THE BLACKSTONE POLICE DEPARTMENT NOTIFIED INSPECTIONAL
SERVICES/BOARD OF HEALTH THAT AS OF 12:30 P.M. THE BUILDING
WOULD BE TURNED OVER TO OUR OFFICE. WE IMMEDIATELY HELD
AN EMERGENCY BOARD OF HEALTH MEETING IN THE TOWN
ADMINISTRATOR’S OFFICE. AT THAT MEETING WE VOTED TO
INSTALL A SIX (6) FOOT FENCE AROUND THE PROPERTY, HIRE A
HAZMAT COMPANY TO REMOVE THE CONTENTS OF THE PROPERTY
AND TO TREAT THE PROPERTY FOR INSPECTS, VERMIN AND PESTS.
THE CLEANING OF THE STRUCTURE TOOK 90 MAN HOURS. UPON
COMPLETION OF THE CLEAN OUT THE BUILDING WAS BOARDED UP.
THE MUNICIPAL INSPECTOR INSPECTED THE BUILDING AND I WILL
READ THAT REPORT.
AGENCY NOTIFICATION:
CLEARED SITE:
CC:
N/A
P.M.
TOWN ADMINISTRATOR
BOARD OF SELECTMEN
POLICE DEPARTMENT
FIRE DEPARTMENT
ANIMAL CONTROL
Mr. Walsh reads the email from the Municipal Inspector, Earl J. Vater, dated 22
September 2014, attached hereto and made a part hereof;
From: Earl Vater
Sent: Monday, September 22, 2014 2:07 PM
To: Colleen Strapponi
Cc: Earl Vater
Subject: To Chairman William Walsh
To Chairman William Walsh
Blackstone Board of Health
On Monday September 22, 2014 I accompanied you on an inspection of the property at
23 St. Paul Street the aforementioned conditions were noted.
Upstairs broken floorboards (unsafe condition) ceiling open access to attic area (unsafe
condition), all floors and walls, even viewable portions of the attic area show staining (pet urine
and / or possible human feces).
Upon entry to the building I noticed an awful stench permeating my face mask I was told the
house was cleaned and still the heavy odor!
All things considered in my opinion the property should be razed and start new from the ground
up.
What we are talking about is complete removal of all floors, walls, ceilings, roof, and foundation
to alleviate the remainder of mold, bacteria, and / or diseases.
Respectfully
Earl J. Vater
Municipal Inspector
Mr. Walsh states that there was human and dog feces throughout the dwelling.
The scene was horrendous. Mr. Walsh states that he does not know how a human
being could live in such squalor. Mr. Walsh advises that he was in the dwelling
the other day and that it still has a terrible odor. Mr. Walsh refers to the
AfterMath Report dated 13 September 2014 and 14 September 2014 and notes
that there was nothing salvageable.
Mr. Walsh defers to Patrick J. Costello, Esquire. Attorney Costello states that Pursuant to
M.G.L. c.111, §§122 through 125, local Boards of Health are empowered to “destroy,
prevent and remove all nuisances, sources of filth and causes of sickness within their
towns”. This delegation of authority vests broad discretion in the Board of Health to
investigate such conditions, issue orders to owners/ occupants of property requiring
remediation of violations, and, upon failure of a property owner to comply with Board
Orders relative to abatement, to undertake nuisance remediation and abatement actions to
protect the interests of the public at large and to preserve the public health, safety and
welfare. The circumstances discovered at the subject property upon investigation by the
Board were, based upon my own personal observations, simply beyond belief. These
conditions have been documented by the investigation reports, photographs, cleanup
contractors’ inventories and reports and other first-hand evidence. Upon order of this
Board to the record owner of the subject property, Kristina Rivera, to forthwith undertake
necessary actions to clean up the substantial sources of filth and sickness at the subject
property, she failed to do so. If fact, since the initial discovery of these conditions on
August 28th, the Board has received no response or other communication whatsoever
from the owner of this property or her representative. Ms. Rivera was specifically
notified of this meeting tonight, by acknowledged hand delivered notice, and was
requested to appear before the Board to address the current situation at the property. Mr.
Costello asks if Ms. Rivera is present. She is not. Mr. Costello states that once again, she
has failed to provide any acknowledgement or response to the Board’s notice.
Mr. Costello refers to Mr. Walsh for further statement. Mr. Walsh states that given the
lack of responsiveness by the property owner to the dire circumstances discovered at the
subject property, the Board of Health has, to date, at the expense of the Town, undertaken
substantial nuisance remediation and abatement activities in an effort to secure the
subject property and to prevent any impacts to the neighboring properties and the
community at large from the obvious sources of filth and sickness discovered inside the
house. It is imperative to note that this cleanup process had to be, and was, conducted in
conjunction with an ongoing criminal investigation undertaken by the Worcester County
District Attorney’s Office and other State agencies. The Board of Health and other Town
agencies have cooperated fully with these ongoing investigations.
As a result of these efforts, all waste, debris and removable personal property
located within the house at 23 St. Paul Street has been removed from the site and
properly disposed of. Based upon the recommendation of our waste removal contactor,
in addition to multiple items of personal property located within the house certain
sections of floors and walls and other improvements to the structure were also deemed to
be so badly damaged and contaminated by waste that they also had to be removed from
the structure. Based on my personal observations and inspections of the house upon
completion of these initial cleanup activities, I can say unequivocally that a strong
offensive odor remains within the structure, which, in my opinion, may never be fully
eliminated and raises concern relative to the continued presence of contaminants or other
potential causes of sickness within the house. Short of removing all subfloors, walls and
ceilings in this house, right down to the studs, it may be impossible to rehabilitate this
house to the extent that it would be rendered suitable for human habitation again.
The property is currently, for all intents and purposes, abandoned; with little, if
any, indication from its owner that she intends to suitably rehabilitate the house. The
continued presence of this structure, with its history and its current substantial state of
disrepair, leaves an immense scar on the psyche of the immediate neighborhood, as well
as the community of Blackstone as a whole. While the costs to physically restore this
house to a habitable condition will be extensive, I am not sure that any expenditure of
funds or investment of labor could ever truly restore this structure to a useful and
productive state.
As noted previously, the Board of Health has a duty to abate and eliminate
nuisances within the Town of Blackstone. Generally speaking, a public nuisance is an
unreasonable interference with the exercise of a public right or the creation of a
condition which causes a common injury. The creation of a nuisance must be
intentional and unreasonable or result from conduct which is negligent, reckless or ultrahazardous. Clearly, property conditions which interfere with the public health, safety,
peace, comfort or public convenience would constitute a nuisance under Massachusetts
law. To the extent that the impacts from the conditions at 23 St. Paul Street extend
beyond the boundaries of that property to negatively affect neighboring properties or
members of the public, whether or not they are on the subject property, said conditions
may be removed in the matter deemed most appropriate by the Board of Health if the
property owner fails to undertake such measures after being ordered to do so.
In a broader sense, a nuisance can be defined as a condition or use of a
property that interferes with its neighbors’ use or enjoyment of their property,
endangers life, health or safety or is offensive to others. Abandoned properties are
frequently the subject of anti-nuisance laws and regulations. While it is clearly most
advantageous from the Town’s perspective for the property owner to correct or abate
nuisance conditions, where circumstances indicate that such owner-initiated abatement
activity is unlikely to occur, it falls to the Board of Health to address the situation. Based
on the information available to the Board at this time, I see no indication that the owner
of the subject property, Ms. Rivera, has any intention to undertake the necessary
rehabilitation measures required to restore this house to a habitable condition. Further,
given the value of the structure in its current condition and the substantial sum of money
that will have to be spent to restore the house to a habitable and usable condition, the
incentive for the property owner to invest such funds in the house is likely negligible.
Accordingly, this building will, in all likelihood, remain vacant, abandoned, subject to
fire or other casualty events, and a target for trespassers, including young children. As
such, the house will remain a significant threat to the public health, safety and welfare. I
believe that the negative safety, visual and potential health impacts to the immediate
neighborhood, not to mention the emotional and psychological impacts, which the
existing house would create for neighbors and passersby are substantial.
Accordingly, in consideration of the circumstances existing as of my most recent
inspection of the house on 23 September 2014, and those established for the Board of
Health here this evening, I believe that the existing house on the subject property does
constitute and ongoing public nuisance and a cause for continued concerns relative to
potential sickness and harm among members of the community at large. The relative
costs of restoring the existing house to a code compliant and habitable condition,
compared to the cost of razing the remnants of the existing structure and building a new
house on the site would likely persuade a property owner to build a new house on the site
rather than rehabilitate the existing structure. In the interest of preserving the public
health, safety and welfare of the citizens of Blackstone as well as the public safety and
utility employees who would be required to address any issues relating to an abandoned
structure on the property, I believe that demolishing the subject house and filling its
foundation hole to grade level would be the most prudent, expeditious and reasonable
nuisance abatement action at this juncture.
Mr. Kevin J. Ryan moves that the Board order the record owner of the real property
located at 23 St. Paul Street in Blackstone to demolish the existing residential structure
located on said parcel and fill any foundation holes or other excavations on site to grade
with clean fill satisfactory to the Board of Health, and that said owner commence said
activity by, at minimum, providing the Board of Health with an executed agreement
signed by a reputable demolition contractor, or otherwise commencing demolition of the
subject structure within seven (7) days of issuance of the Board’s Order in this regard and
completing the demolition forthwith thereafter, all in accordance with the provisions of
G.L. c.111, §123, and, further, that the Board impose a fine upon said Owner in the
amount of $500.00 per day for each day subsequent to said seventh day until full
compliance with said Order has been achieved.
So moved by Board Member Ryan, seconded, roll call vote of the Board of
Health: 3 in favor, none opposed. Motion passes.
Mr. Walsh requests public comments. Selectman Robert J. Dubois states that this is a
terrible situation for the law enforcement and related Boards. He commends the Board of
Health for a job well done. Selectwoman, Margo Bik gives her heartfelt thanks and
gratitude to all involved. Selectman Ryan S. Chamberland states that there was a vigil
with the parents and children of the community at the school. Selectman Michael A.
Catalano, Jr. asks if the property is lien able. Attorney Costello states, yes, all expenses
incurred will be recorded in the Worcester Registry of Deeds against the property.
Selectman Russell Wells states that there was no book to follow all done on the fly. Great
job to all.
Selectman Ryan S. Chamberland requests a full report.
Np public comments.
Mr. Kevin J. Ryan motions to adjourn, second Mr. Peter C. Ryan, Sr. The vote is
unanimous.
Respectfully submitted,
Colleen M. Strapponi